Former Member of Parliament, Malaysia.

DCA failed to withdraw the AOC of FAX / AirAsia X in 2007 (Part 1)

FAX also known as Fly Asian ExpressSdn Bhd in 2006 to September 2007 during its RAS days

AirAsia X Sdn Bhd, formerly known as FAX/Fly Asian Express Sdn Bhd

The Air Operator Certificate (AOC) of AirAsia X Sdn Bhd (AAX), formerly known as Fly Asian Express Sdn Bhd (FAX), should have been withdrawn by DCA in year 2007 when it gave up the Rural Air Services (RAS) in Sabah and Sarawak.

In 2006 AirAsia lobbied very hard for the contract to operate the RAS in Sabah and Sarawak which was originally operated by MASwing. Of course, AirAsia was granted the RAS contract. The Badawi Administration immediately granted a subsidy of RM249.9 million to AirAsia to AirAsia to operate the said RAS. When MASwing was operating the RAS, it only received RM125 million subsidy, half of what AirAsia received, from the Government. But AirAsia did not operate the RAS. It subcontracted it to FAX.

After being awarded the RAS, AirAsia did not operate the RAS. On 3-11-2011 it was revealed in Parliament by the Deputy Minister of Transport that RAS was granted to AirAsia but it subcontracted it to FAX, in HERE. Why lobbied so hard for the RAS and subsequently subcontracted it to FAX?

Prior to FAX taken over RAS, it had no track record of operating air services. However, 0n 1-8-2006, then Minister of Transport, YB Datuk Chan Kong Choy, saw it fit to allow AirAsia to subcontract the RAS to FAX to operate.

More importantly, how could DCA grant the AOC to FAX prior to 1-8-2006 when FAX was only incorporated on 19-5-2005 and had no track record of operating an airline. Below are the requirements of DCA before a company is issued with an AOC:

In this respect, the State of the Operator is required to ensure the following:

The issue of an air operator certificate (AOC) or equivalent document shall be dependent upon the operator demonstrating an adequate organization, method of control and supervision of flight operations, training programme and maintenance arrangements consistent with the nature and extent of the operations specified; and

The continued validity of an operator certificate or equivalent document shall depend upon the operator maintaining the safety oversight requirements under the supervision of the State of the Operator. For the full information in HERE.

The Australian Civil Aviation Authority (CASA) requires potential air operator to meet very stringent conditions before an AOC is granted, in HERE.

CASA will not allow air operator to borrow another company AOC to operate in HERE.

AOC was withdrawn from a few airline because of the “financial and technical strength” of the airline, in HERE.

Bearing the above in mind, how could AirAsia be allowed to subcontract the RAS to FAX when it has no track record of operating an airline. With the background of FAX, how could DCA grant the AOC to FAX within such a short span of time?

Now let us examine the track records of FAX/AirAsia X during its RAS days.

In November 2007, three months after FAX took over RAS, the Federal and East Malaysian Ministers, officers of the Sabah and Sarawak state governments and the people were extremely unhappy with the poor services provided by FAX. Read in HERE.

In November 2007 when there were many complaints about RAS in the newspapers DCA should have examined what were the problems then but it didn’t.

On 5-1-2007 the Badawi Administration approved FAX to operate long haul air services to Australia and Europe, when the Government and the then Minister of Transport, YB Datuk Chan Kong Choy, knew very well that FAX was unable to even provide a proper RAS in Sabah and Sarawak, in HERE. From these glaring facts, it would appear that Tan Sri Tony Fernandes is a very powerful and smart businessman to start with. No wonder MAS had to give up 90 routes for AirAsia to operate.

On 26-2-2007 MAS terminated the technical assistance (Total fleet management) for FAX. FAX took over total responsibility for the aircraft, both technically and operationally.

Thereafter, problems for FAX in providing a regular RAS became more and more acute because of insufficient airworthy aircraft in operation. At that material time when MAS terminated its technical assistance (fleet total management) for FAX, DCA should have investigated into the reason for the termination of the technical assistance for FAX as FAX has no expertise technically and operationally. But DCA did not carry out its statutory duties to examine the whole operations of RAS by FAX as it had clearly demonstrated that it was unable to operate air services.

The Badawi administration was bombarded with endless complaints of FAX inability to provide a proper RAS for the people of Sabah and Sarawak. The then Minister of Transport YB Datuk Chan Kong Choy had to intervene to address the situation. The said RAS contract for AirAsia/FAX was prematurely terminated and without much resistance. In April 2007, after less than a year of AirAsia subcontracted the RAS to FAX, the Cabinet had decided to terminate the RAS contract with AirAsia/FAX and return it to MAS. At that material time, Tan Sri Tony Fernandes has been quoted in the newspapers to have given the following excuse for the failure of FAX:

Fernandes said FAX would be launching AirAsia Long Haul operations soon, and that it would be too distracting to operate turbo-propeller aircraft as well.

Why lobbied so hard to get the RAS and thereafter to sub-contract it to FAX, a company owned by him and the other major shareholders in AirAsia. It would from the above statement that Tan Sri Tony Fernandes had the intention from the very start to use the AOC of FAX to operate “Long Haul Operation”. Hence, after MAS took over the operation of RAS from FAX on 1-8-2007, on 21-09-2007 FAX changed its name to AirAsia X Sdn Bhd.

In June 2007 MAS immediately commissioned Fokker Services Asia Pte Ltd (FSA), a fully owned subsidiary of Fokker Service B.V. to carry out an Aircraft Condition Audit on the twelve aircraft operated by FAX for the RAS. The registration numbers of the said twelve aircraft were: 9M-MGA, 9M-MGB, 9M-MGC, 9M-MGD, 9M-MGE, 9M-MGF, 9M-MGG, 9M-MDK, 9M-MDL, 9M-MDM, 9M-MDN and 9M-MDO.

On 13-6-2007 FSA commenced the aircraft condition audit on the said twelve aircraft used by FAX for the RAS. On 3-7-2007 FSA presented the “Aircraft Condition Status Report”. The said Report was signed by Mr L. J.F van Meer, Mr J.N.A. Arnold and Mr E.J. Todd.

The excerpts of the said “Aircraft Condition Status Report” are as follows:

“At the time of the start of the inspection six out of the twelve aircraft were grounded awaiting for parts or maintenance, and consequently only six aircraft were in service. Components and parts are being cannibalized from the grounded aircraft in order to keep the serviceable aircraft in operation.”

“MAS provided technical record information such as delivery status of the aircraft at the time MAS’ operations ceased, and then were recommenced by FAX.”

The excerpts of the “Aircraft Inspection Details and Status Information” on the individual aircraft are as follows:

Aircraft Registration No: 9M-MGAOperator: Fly Asian Express (FAX)

“The aircraft was grounded since 3 February 2007 and has not been maintained in accordance with AMM storage instructions. Many parts / components have been cannibalized from this aircraft to support the FAX operation for the remaining aircraft.”

“The status of cannibaliszed parts (dated 23 June 2007) revealed that a total of 58 components / parts were removed from this aircraft to serve other aircraft of the FAX fleet.”

Note: The photographs of the discrepancies found during the inspection were also attached to this report.

It costs 2,825 man-hours and Euro 1, 362, 500 to put this aircraft into airworthy condition!

It cost MAS a total of about RM35 million to refurbish the aircraft into airworthy condition. By right such cost should be the responsibility of FAX / AirAsia X. Khazanah Nasional Bhd should have asked MAS to recover the RM35 million from FAX/AirAsia X.

Yours truly will post the other “Aircraft Inspection Details and Status Information” report on the other eleven aircraft in Part Two in the next posting after Christmas. Merry Christmas to all the readers of Christian faith and Happy holiday to others.

The Fokker Services Pte Ltd’s report had clearly shown that Fly Asian Express Sdn Bhd was not a responsible air operator. How could a company cannibalized a plane for spare part and o ut of 12 aircraft 6 were found to be un-airworthy.How could DCA turned a blind eyes on such facts and allow FAX to keep the AOC and then used it under the name AAX?

More glaring was that how could the then Minister of Transport allow the RAS that was awarded to AirAsia and then subcontracted to FAX?

It is becoming a joke! Where is the credibility of DCA now?

Now Everyone Can Laugh Out Loud! Another good Christmas present for the pariah.

It is quite common practise with all airlines to take serviceable parts from one aircraft or major assembly and fit it to another in order to keep it flying. This process is call cannibalization and is quite safe for so log as there are sufficient processes to track the act and the safety of the aircraft is not impacted. If the cannibalized aircraft were required for service, then this act is temporary in nature and the cannibalized part replaced. Sometimes this is done in AOG situation until the ordered part arrive.

In fact if this is done even more for fleets that are due to be retired/replaced. It is also done when the number of aircraft exceeds the requirements.

The issue here is that the F50 was neither being replaced nor retired nor was the number of aircraft even meeting the capacity requirement. Hence the situation where FAX have had to cancel services due to lack of aircraft.

FAX had never intended to invest in a new fleet like MASWings.

They stopped replacing the cannibalized parts when they had decided on exiting the services.

I think it would be safe to conclude the following:
– The maintenance standards of FAX leaves much to be desired.
– It was never their intention to honestly operate RAS, they used RAS as a means of getting a quick AOC for the eventual Air Asia X (and a quick buck).
– They have no ethics or scruples cos they took the money, not return any amount unserved and never made right in returning the aircraft to an airworthy condition.

The facts of the case clearly showed that FAX aka AirAsia X never had the intention to operate the RAS from the word go. It was just a scheme to get what they wanted.

How could air services be sub-contracted why the sub-contractor, FAX had no experience. How could DCA grant the AOC under such circumstances? Why AOC was not withdrawn when it was discovered that so many aircraft were cannibalized for spare parts and no replacement. If one or two parts were cannibalized for emergency whilst they were on order then we can understand. In the case of FAX there was no intention to replace.

Action should be taken against the DCA officer that who approved the AOC for FAX and thereafter approved it to be used for AirAsia X.

Don’t mind if I digress from the topic a bit
Read about QPR ‘Arry Redknapp complaining about his players being overpaid & not contributing enough to their already fantastic season
Guess Tony F’ s negotiating skill falters in front of the mat sallehs but still effective for the gullible Malaysia leaders who just love to be lavished praised & fall suckers to anyone able to pull off a snooty British accent

Never knew that a company like FAX/AirAsia X which was not an air operator was given an AOC just like that. Bloody scam. DCA officer must be brought to book for its failure to act when those aircraft were cannibalized.

AirAsia’s AOC valid for only 6 months due to non-compliance with safety regulations.That speaks volumes. Actions should have been taken during the RAS day. But DCA didn’t may be it was during the Sleepy Head times. That was the time when the 4th Floor was running high. Whatever the 4th Floor wanted they will get it. Nevertheless the government should take actions against the officer because safety was an issue here. DCA is the authority on aviation safety. This was a case of Harapkan pagar, pagar makan padi! Now Everyone Can Fly and Die.

MACC should investigate into the high ranking officers in DCA who are also working as part time pilots. The Government must act against those officers who granted AirAsia X with AOC to fly long haul after the scandalous performance in the RAS before it is too late. Aviation safety is a serious matter. The nation cannot afford tragedy to happen then only to act.

What a good Christmas present for Tony! He could no longer tweet or talk big about this now. A self made millionaire. If I am getting helps from the Sleepy Head in such a way, I will also be a millionaire.

It was an obvious con job from the start. AA/FAX had no intention of carrying out the RAS for Sabah and Sarawak. Just look at how AA lobbied and got the job. Having got the job it sub-contracted it to FAX, a company owned by TF and other major shareholders in AA. Then it allow the RAS to deteriorate to the extend that the government had to force MAS to take RAS back. But no actions were taken against AA/FAX for their failure to perform the RAS satisfactorily. No demand for the refund of the RM250 million subsidy. At least there should be a refund on pro-rata basis assuming that there was no breach of contract which was unlikely. Then AOC was to withdrawn by DCA. What a bloody scam!

There was already a track record shown in the RAS. Now DCA must be stringent in their examination of the AA/AAX set up because the nation cannot afford any air tragedy due to safety regulations not being adhered to strictly by air operator. DCA officers must buck up before it too late. Although it is late now but it better late than never.

The Minister must inform the rakyat the status of AirAsia’s AOC. Dont take safety for granted. Use your power to sack those at DCA that are not doing their jobs properly and those who are having vested interest in the airlines..